BIS, State Dept. Considering Revising Export Controls for Certain Fire Control, Laser, Imaging and Guidance Equipment
The Bureau of Industry and Security and State Department are seeking public comments (here) on potential impacts of changing certain controls implemented through an Oct. 12 final rule that transferred certain fire control, laser, imaging and guidance equipment from U.S. Munitions List (USML) Category XII to the Commerce Control List (CCL) (see 1610110022) on Dec. 31.
BIS is considering whether to expand the destinations subject to export controls on CCL dual-use goods regardless of their levels of U.S. content. BIS is exploring whether to expand the list of nations subject to the “no de minimis provision” from BIS Country Group D:5 (arms-embargoed countries) to all destinations except Canada, for non-U.S.-made military commodities described in Export Control Classification Number (ECCN) 0A919, whose scope broadened on Dec. 31, to include infrared detection items in ECCNs 6A002, 6A003, 6A990 or 6A993.a (having a maximum frame rate equal to or less than 9 hertz) that incorporate U.S. goods.
BIS is considering this change because “the absence of U.S. controls over the reexport of such military commodities could result in potentially high performance systems incorporating U.S. components being exported to a wide range of destinations outside of Country Group D:5 without U.S. Government review,” the agency said. Under current regulations, military commodities that would not require a re-export license to countries outside Country Group D:5 include certain thermal weapon sights incorporating U.S.-made microbolometer core cameras, multi-sensor targeting turrets incorporating integrated detector coolers, airborne targeting pods incorporating integrated detector cooler assemblies, and airborne infrared search and track devices incorporating integrated detector cooler assemblies, BIS said.
BIS is also seeking comments on whether to remove eligibility for the Strategic Trade Authorization (STA) license exception for infrared imaging cameras controlled in ECCN 6A003.b.4 that are exported for embedding in a higher-level assembly, system or equipment; and that incorporate “two dimensional” focal plane arrays specified in either ECCN 6A002.a.3.c or ECCN 6A002.a.3.f, and that have more than 328,000 detector elements. Furthermore, BIS is considering whether to expand the licensing requirement for the export, re-export or in-country transfer to or in a D:5 country of cameras that incorporate a microbolometer focal plane array with more than 75,000 detector elements that are exported for civil purposes to be included in a higher-level assembly, equipment or system.
BIS is also considering whether to add worldwide export controls (except Canada) for items in ECCN 3C001 and technology for those items that are III-V compounds of gallium or indium, and aluminum, antimony or arsenic “forming a strained layer superlattice having a photoluminescence signal maxima originating from the superlattice in the wavelength range exceeding 3,000 nm but not exceeding 15,000 nm at a temperature less than 200” Kelvin. The agency said it is proposing the change because materials meeting those parameters are necessary for production of focal plane arrays controlled in ECCN 6A002. Under these changes, specified items in ECCN 3E001 would no longer be eligible for the civil end-user (CIV) and technology and software under restriction (TSR) license exceptions, BIS said.
Finally, BIS is proposing to control exports of specific technology related to components controlled under ECCNs 6A002 and 6A990, including 6E001 development technology or 6E002 production technology for image intensifier tubes controlled in ECCN 6A002.a.2.a or 6A002.a.2.b and their “specially designed components” controlled in ECCN 6A002.a.2.c, except tubes having a multialkali photocathode, as well as 6E001 development technology or 6E002 production technology for microbolometer infrared focal plane arrays controlled in ECCN 6A002.a.3.f and two-dimensional infrared focal plane arrays in ECCN 6A002.a.3.c, and 6E990 development and production technology for read-out integrated circuits “specially designed” for those focal plane arrays. This potential revision would be limited to development or production technology “required for the most sensitive items controlled in ECCNs 6A002 or 6A990,” BIS said.
In addition to BIS considerations, the State Department is soliciting feedback on specific control parameters to cover certain specific items "specially designed for a military end user," State said (here). "The Department and its interagency partners cannot yet articulate objective technical criteria that would establish a bright line between military and commercial and civil systems," State said. State also seeks comments on other USML Category XII controls, including for laser target designators and coded target markers that can mediate delivery of ordnance to a target. Moreover, State wants to know whether certain items have civil or commercial uses, including items for which civil or commercial use is expected in the next five years. Comments are due March 14.
(Federal Register 01/13/17)